1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
MOTION TO SHOW CAUSE – 1
Kevin Anthony Diaz
770 Brook Avenue, Unit 36A
Bronx, NY 10451
Phone | Fax
Email
Plaintiff in pro per
IN THE SUPREME COURT OF NEW YORK
IN AND FOR BRONX COUNTY
KEVIN ANTHONY DIAZ,
Plaintiff,
vs.
BOARD OF MANAGERS, MELROSE
COURT CONDOMINIUM; RHAMCO;
LAURA BONCI; MARCIA FOKAS; AND
AKAM ASSOCIATES, INC.,
Defendant
Case No.: 600-2022
MOTION TO SHOW CAUSE
NOTICE OF PLAINTIFF’S MOTION TO SHOW CAUSE
Notice is hereby given that on the ____ day of ______________________, 2022, at _________
(am/pm), or as soon thereafter as Kevin Anthony Diaz can be heard, in courtroom ___ of this
Court, Kevin Anthony Diaz will, and hereby does bring this Motion to Show Cause. The Motion
to Show Cause will be based on this Notice of Motion, the subsequent Motion to Show Cause,
and on such evidence as may be presented at the hearing of the Motion.
Dated this ____ day of May, 2022.
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
MOTION TO SHOW CAUSE – 2
Respectfully Submitted,
___________________________________
Kevin Anthony Diaz
Plaintiff in pro per
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
MOTION TO SHOW CAUSE – 3
Kevin Anthony Diaz
770 Brook Avenue, Unit 36A
Bronx, NY 10451
Phone | Fax
Email
Plaintiff in pro per
IN THE SUPREME COURT OF NEW YORK
IN AND FOR BRONX COUNTY
KEVIN ANTHONY DIAZ,
Plaintiff,
vs.
BOARD OF MANAGERS, MELROSE
COURT CONDOMINIUM; RHAMCO;
LAURA BONCI; MARCIA FOKAS; AND
AKAM ASSOCIATES, INC.,
Defendant
Case No.: 600-2022
MOTION TO SHOW CAUSE
PLAINTIFF’S MOTION TO SHOW CAUSE
NOW COMES Kevin Anthony Diaz, Plaintiff, and files this Motion to Show Cause pursuant to
Business Corporate Law § 619, and hereby avers as follows:
1. BCL § 619 provides as follows: “Upon the petition of any shareholder aggrieved by an
election, and upon notice to the persons declared elected thereat, the corporation and such
other persons as the court may direct, the supreme court at a special term held within the
judicial district where the office of the corporation is located shall forthwith hear the
proofs and allegations of the parties, and confirm the election, order a new election, or
take such other action as justice may require.”
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
MOTION TO SHOW CAUSE – 4
2. Defendants have engaged in numerous acts of election fraud, aiding and abetting election
fraud, breach of fiduciary duties, fraud, and violation of condominium bylaws. Their
actions have continued to impact the welfare of residents of Melrose Court
Condominium.
3. The Board of Managers that has committed the above violations is constituted as follows:
Annette Lee as President, Allison Worrell as Vice President, Sonja Trafton as Treasurer,
Bridget Hall as Assistant Treasurer, Nandi Dozier Lewis as Secretary,Tulani Francis
Samuel as Assistant Secretary, Linda Collier, Jose Cosme, Juan Cosme, Elvis Leonardo,
Reynaldo Mata, Beulah Murrill, Jose Rivera, Vronzella Ross and Katrina Young as
members.
4. Defendants have taken steps to ensure that no elections are held, including failing to give
homeowners updates on the status of elections and failing to hold elections as required.
Defendants have unfairly and abruptly increased fees and charges for various services
within the condominium without following due process, involving the homeowners or
giving a substantial reason for the increase in fees and charges. The Board failed to
provide financial reports and budget reports to account for the increase in fees and
charges.
5. The term of the current board as constituted has already expired. There is no reason for
their continued stay in office apart from the tactics used to defeat quorum for meetings
and to deny homeowners the right to vote in new board officials.
6. Meanwhile, residents of Melrose Court Condominium continue to suffer increased
charges and lack of public participation in running of affairs of the condominium. The
granting of this Motion will help to alleviate the suffering of residents of Melrose Court
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
MOTION TO SHOW CAUSE – 5
Condominium as a result of Defendants’ actions.
7. Residents of Melrose Court Condominium were made to pay more than $3,000,000 as a
result in unpaid DEP charges as a result of Defendants’ negligence and mismanagement.
Defendants have to explain how twice, they let residents of Melrose Court Condominium
cover unpaid charges as a result of their negligence.
8. Plaintiff submits that if this Court fails to grant this Motion, Defendants will continue
mismanaging the affairs of Melrose Court Condominium without a course for redress.
REASONS WHEREFORE, PREMISES CONSIDERED, Plaintiff respectfully requests this
Honorable Court to grant him the following reliefs:
a. GRANT this Motion to Show Cause;
b. ISSUE a Declaration that the current Board of Managers, Melrose Court Condominium is
improperly constituted, null and void due to expiry of the term of the Board;
c. ISSUE an Order directing that an election be held to vote in new board members; and
d. GRANT Plaintiff such further relief as this Court deems proper.
Dated this ___ day of May, 2022.
Respectfully Submitted,
___________________________________
Kevin Anthony Diaz,
Plaintiff in pro per
1
2
3
4
5
6
7
8
9
10
11
12
13
14
15
16
17
18
19
20
21
22
23
24
25
26
27
28
MOTION TO SHOW CAUSE – 6
VERIFICATION
I, Kevin Anthony Diaz, being duly sworn depose and say that I am the Plaintiff in the above-
entitled action, that I have read the foregoing Motion to Show Cause and know the contents
thereof. That the same is true of my own knowledge except as to those matters and things stated
upon information and belief, and as to those things, I believe them to be true.
_________________________________
(Sign in the presence of a Notary Public)
Sworn to and subscribed before me this _____ day of May, 2022.
______________________________
Notary Public
________________________________________
(Printed name of Notary Public)
My Commission Expires: ____________________
At Legal writing experts, we would be happy to assist in preparing any legal document you need. We are international lawyers and attorneys with significant experience in legal drafting, Commercial-Corporate practice and consulting. In the last few years, we have successfully undertaken similar assignments for clients from different jurisdictions. If given this opportunity, The LegalPen will be able to prepare the legal document within the shortest time possible. You can send us your quick enquiry ( here )